JUDGMENT :

1. We have heard Mohd. Samiuzzaman Khan along with Ms. Beena Mishra for the appellant -Munawwar; Sri J.K. Upadhyaya, learned AGA, for the State and have perused the record.

2. This appeal is against the judgment and order dated 12.07.2007, passed by Additional Sessions Judge, Court No.7, Badaun in Sessions Trial No.544 of 2006 connected with Sessions Trial No.545 of 2006. In Sessions Trial No.544 of 2006, the appellant was prosecuted for offence punishable under Section 302 read with Section 34 IPC, arising out of Case Crime No.18 of 2006, police station Bisauli, district Badaun; whereas, in Sessions Trial No.545 of 2006 the appellant was prosecuted for offence punishable under Section 25 of the Arms Act, arising out of Case Crime No.94 of 2006, police station Bisauli, district Badaun. By the impugned judgment and order, in Sessions Trial No.544 of 2006, the appellant has been convicted under Section 302 read with Section 34 IPC and sentenced to imprisonment for life with fine of Rs.5,000/- and a default sentence of one year; whereas, in Sessions Trial No.545 of 2006, the appellant has been acquitted of the charge of offence punishable under Section 25 of the Arms Act. Con